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Panel standards

Gladue panel standards

For criminal lawyers representing client who self-identify as Aboriginal

1. Criminal Panel membership shall be a prerequisite to Gladue panel membership.

Applicants to the Gladue panel must be members of LAO's Criminal panel.

2. Mandatory legal education in criminal law issues affecting Aboriginal clients in criminal proceedings shall be a prerequisite to Gladue panel membership.

Applicants to the Gladue panel shall be required to:

1. have read the legislation and case law set out in Schedule A,
2. be familiar with the LAO LAW memoranda set out in Schedule A, and,
3. become familiar with resources for Aboriginal clients in the local areas where the applicant practices

before being admitted to the panel, and shall participate in CLE thereafter as required by LAO.

Schedule A may be amended from time to time.

3. Panel members shall comply with LAO's expectations for panel members as set out in a "LAO Expectations for Gladue Panel Members" document.

Panel applicants shall be required to sign an agreement to abide by the practice expectations set out by LAO in the “LAO Expectations for Gladue Panel Members" document that articulates best practices for the representation of an Aboriginal client in a criminal proceeding. (See Schedule B)

Admission to the Gladue panel

To be admitted to the Gladue panel, applicants shall sign an agreement to comply with the standards set out by LAO for Gladue panel lawyers.

Consideration of local conditions

The Gladue panel standard shall apply across the province. A district area director may apply the minimum standards in a flexible manner, on the basis of local conditions, taking into consideration local practices and the need to maintain or rebuild the Gladue panel to meet current needs without compromising quality of service. An applicant may be admitted to the panel by agreeing to meet standards deemed to be appropriate for the local area, which may include professional development and/or mentoring in the discretion of the district area director.

Supports for Gladue panel members

The following supports are available to panel members through the LAO LAW:

• General memoranda on Aboriginal legal issues in criminal law
• "Aboriginal Issues in Criminal Law" seminar on DVD (available at modest cost)
• LAO LAW Memorandum S10-39 Ontario Resources for Aboriginal Offenders
• Aboriginal Legal Issues: Related websites on the LAO LAW website
• Research support

Schedule A: Legal education requirements for Gladue panel members

Whenever the liberty of an Aboriginal person is at stake the principles articulated in Gladue apply. Accordingly, a Gladue panel member shall:

1. have read:
   i. sections 718.2(e) and 113 of the Criminal Code,
   ii. section 38(2)(d) of the Youth Criminal Justice Act,
2. have read the following caselaw:
   i. Gladue,
   ii. Kakekagamick,
   iii. Batisse,
3. be familiar with the following LAO LAW memoranda:
   i. S10-37 Gladue sentencing submissions,
   ii. ZP11-63 Application of Gladue Principles to Bail hearings,
4. view the continuing legal education video, “Gladue at Practice CLE.”.

Schedule B: LAO expectations for Gladue panel members

A Gladue panel member shall:

1. maintain competence in accordance with the Rules of Professional Conduct of the Law Society of Upper Canada and, in particular, maintain knowledge of the substantive law and procedure in the area of Aboriginal issues in criminal law.

2. maintain familiarity with services to assist Aboriginal people that are available in the local courts and communities where the panel member practises

3. inform the client of the Gladue principles and their application to the client's case

4. maintain a solicitor-client relationship in accordance with the Rules of Professional Conduct of the Law Society of Upper Canada. In particular the panel member will:

   1. protect the dignity of the client;
   2. respond promptly to reasonable inquiries from the client;
   3. provide the client with the information necessary to make informed decisions respecting his or her representation;
   4. respect the client’s instructions fully within the bounds of his or her professional obligations;
   5. advance the client’s position; and
   6. maintain solicitor-client privilege.